OCTOBER TERM, 1993
Syllabus
IMMIGRATION AND NATURALIZATION SERVICE ET AL.
v.
LEGALIZATION ASSISTANCE PROJECTOFTHELOSANGELESCOUNTY FEDERATION OF
LABOR ET AL.
ON APPLICATION FOR STAY
No. A-426. Decided November 26,1993
The application for a stay of a District Court order-which
requires applicant Immigration and Naturalization Service (INS) to,
among other things, identify and adjudicate legalization
applications filed by certain categories of applicants, not arrest
or deport certain immigrant classes, and temporarily grant certain
immigrant classes stays of deportation and employment
authorization-is granted. If presented with the question, this
Court would grant certiorari and conclude that respondents,
organizations providing legal help to immigrants, have no standing
to seek the order granted by the District Court because they are
outside the zone of interests that the Immigration Reform and
Control Act of 1986 (IRCA) seeks to protect. See
Lujan v.
National Wildlife Federation, 497 U. S. 871, 883. IRCA
was clearly meant to protect the interests of undocumented aliens,
not organizations such as respondents. Although respondents were
entities designated to assist legalization efforts during IRCA's
amnesty period, the fact that an INS regulation may have affected
the way they allocated their resources does not give them standing.
The balance of equities also tips in the INS' favor. The order
would impose a considerable administrative burden on the INS and
would delay the deportation of at least those aliens who are
deportable and who could not seek relief on their own behalf under
Reno v.
Catholic Social Services, 509 U. S. 43. If
respondents lack standing, the order would also be an improper
intrusion by a federal court into the workings of a coordinate
branch of Government. On the other hand, those aliens whose
deportation claims are ripe may still sue in their own right, as
may organizations whose members' claims are ripe, assuming those
organizations meet organizational standing criteria.
1302
1302 INS
v. LEGALIZATION ASSISTANCE PROJECT OF LOS
ANGELES COUNTY FEDERATION OF LABOR
Opinion in Chambers
JUSTICE O'CONNOR, Circuit Justice.
The Solicitor General, on behalf of the Immigration and
Naturalization Service (INS), requests that I stay an order of the
District Court for the Western District of Washington pending
appeal to the Court of Appeals for the Ninth Circuit. The Court of
Appeals has rejected the INS' application for such a stay. Though
"stay application[s] to a Circuit Justice on a matter before a
court of appeals [are] rarely granted,"
Heckler v.
Lopez, 463 U.
S. 1328, 1330 (1983) (REHNQUIST, J., in chambers) (internal
quotation marks omitted), I believe this is an exceptional case in
which such a stay is proper.
I
In 1986, Congress enacted the Immigration Reform and Control Act
of 1986 (IRCA), 100 Stat. 3359, which provided a limited amnesty
for immigrants who had come to or stayed in the country illegally.
See 8 U. S. C. § 1255a. Not all such immigrants were, however,
eligible. Among other restrictions, the amnesty was available only
to those who had "resided continuously in the United States in an
unlawful status since [January 1, 1982]," § 1255a(a)(2)(A); also,
those who came to the country legally but stayed illegally could
only get amnesty if their "period of authorized stay ... expired
before [January 1, 1982,]" or their "unlawful status was known to
the Government as of [January 1, 1982]," § 1255a(a)(2)(B).
Respondents, organizations that provide legal help to immigrants,
believe the INS interpreted these provisions too narrowly, in
violation of the statute and the United States Constitution, and in
1988 brought their challenge to court.
In March 1989, the District Court ruled in respondents' favor,
and in September 1992, the Ninth Circuit affirmed in part, reversed
in part, and remanded to the District Court for further
proceedings. On June 1, 1993, the District Court issued an order
requiring the INS to, among other things, identify and adjudicate
legalization applications filed by
1303
certain categories of applicants, not arrest or deport certain
classes of immigrants, and temporarily grant certain classes of
immigrants stays of deportation and employment authorizations.
On June 18, 1993, this Court decided
Reno v.
Catholic
Social Services, Inc., 509 U. S. 43 (1993)
(CSS), a case involving a very similar challenge to another
portion of IRCA. In
CSS, we held that the claims of most of
the plaintiff aliens were barred by the ripeness doctrine. A
federal court, we held, generally ought not entertain a request for
an injunction or declaratory judgment regarding the validity of an
administrative regulation unless it is brought by someone who has
actually been concretely affected by the regulation.
Id., at
57-58. The mere existence of the regulation, we held, was not
enough; rather, the regulation must actually have been applied to
the plaintiff.
Ibid. We concluded that the only people who
could ask for injunctive or declaratory relief under IRCA were
those who were told by the INS that they should not even bother to
file their applications-a policy called "front-desking"-and perhaps
also those who could show that the front-desking policy was a
substantial cause of their failure to apply in the first place.
Id., at 61-67, and n. 28. Under the statute, aliens who did
apply and whose applications were considered but rejected could
only get judicial review of this rejection if the INS tried to
deport them. 8 U. S. C. § 1255a(f)(1).
In light of our decision in
CSS, the Government asked the
District Court to vacate its order, on the theory that respondents'
claims here, like the claims of the
CSS plaintiffs, were not
ripe. The District Court, however, disagreed. The
CSS
plaintiffs, the District Court pointed out, were individual aliens,
whereas the plaintiffs in this case are organizations. The District
Court concluded that the organizations had "suffered a concrete and
demonstrable injury" because "the challenged regulations drained
organizational resources and impaired their ability to assist and
counsel nonimmi-
1304
1304 INS
v. LEGALIZATION ASSISTANCE PROJECT OF LOS
ANGELES COUNTY FEDERATION OF LABOR
Opinion in Chambers
grants"; therefore, the court held, the organizations' claims
were ripe. App. B to Application 6, citing
Legalization
Assistance Project of Los Angeles County Federation of Labor v.
INS, 976 F.2d
1198, 1204 (CA9 1992), cert. pending, No. 93-73. Therefore,
"because this case has assumed the posture of a broad-based
challenge to the regulations in question by organizations which the
Ninth Circuit explicitly found have standing to bring these
claims," App. B to Application 6, the court declined to vacate its
June 1 order.
II
As a Circuit Justice dealing with an application like this, I
must try to predict whether four Justices would vote to grant
certiorari should the Court of Appeals affirm the District Court
order without modification; try to predict whether the Court would
then set the order aside; and balance the so-called "stay
equities."
Heckler v.
Lopez, supra, at 1330-1331.
This is always a difficult and speculative inquiry, but in this
case it leads me to conclude that a stay is warranted.
Respondents assert that the INS is violating the law of the
land, and they ask the federal courts to order the INS to stop
this. But the broad power to "take Care that the Laws be faithfully
executed" is conspicuously not granted to us by the Constitution.
Rather, it is given to the President of the United States, see U.
S. Const., Art. II, § 3, along with the power to supervise the
conduct of the Executive Branch, Art. II, §§ 1, 2, which includes
the INS. The federal courts are granted a different sort of
power-the power to adjudge "Cases" or "Controversies," Art. III, §
2, cl. 1, within the jurisdiction defined by Congress, Art. III, §
2, cl. 2.
Congress has in fact considered the proper scope of federal
court jurisdiction to review administrative agency actions. I t has
explicitly limited such review to claims brought by "person[s]
suffering legal wrong[s] because of agency action" (not applicable
to the respondent organizations involved
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here) or by persons "adversely affected or aggrieved by agency
action
within the meaning of a relevant statute." 5 U. S. C.
§ 702 (emphasis added). We have consistently interpreted this
latter clause to permit review only in cases brought by a person
whose putative injuries are "within the 'zone of interests' sought
to be protected by the statutory provision whose violation forms
the legal basis for his complaint."
Lujan v.
National
Wildlife Federation, 497 U. S. 871, 883 (1990)
(NWF); see also
Clarke v.
Securities Industry
Assn., 479 U. S.
388, 396-397 (1987).
I believe that, were it presented with this question, this Court
would grant certiorari and conclude that the respondents are
outside the zone of interests IRCA seeks to protect, and that
therefore they had no standing to seek the order entered by the
District Court. The District Court's decision and the Court of
Appeals decision on which it relies, 976 F. 2d, at 1208, conflict
with
Ayuda, Inc. v.
Reno, 7 F.3d
246 (CADC 1993), and relate to an important question of federal
law. See this Court's Rule 10. Moreover, on the merits, IRCA was
clearly meant to protect the interests of undocumented aliens, not
the interests of organizations such as respondents. Though such
organizations did playa role in the IRCA scheme-during the amnesty
period, they were socalled "qualified designated entities," which
were to "assis[t] in the program of legalization provided under
this section," § 1255a(c)(2)-there is no indication that IRCA was
in any way addressed to their interests. The fact that the INS
regulation may affect the wayan organization allocates its
resources-or, for that matter, the wayan employer who currently
employs illegal aliens or a landlord who currently rents to illegal
aliens allocates its resources-does not give standing to an entity
which is not within the zone of interests the statute meant to
protect.
NWF, supra, at 883.
The balance of equities also tips in the INS' favor. The order
would impose a considerable administrative burden on the INS, and
would delay the deportation of-and require
1306
1306 INS
v. LEGALIZATION ASSISTANCE PROJECT OF LOS
ANGELES COUNTY FEDERATION OF LABOR
Opinion in Chambers
the granting of interim work authorizations to-at least those
aliens who are deportable and who could not seek relief on their
own behalf under
CSS. Moreover, if the above analysis is
correct, the order is not merely an erroneous adjudication of a
lawsuit between private litigants, but an improper intrusion by a
federal court into the workings of a coordinate branch of the
Government. See
Heckler v.
Lopez, 463 U. S., at
1336-1337;
FCC v.
Pottsville Broadcasting Co.,
309 U. S. 134,
141 (1940). On the other hand, neither
CSS nor this stay
prevents those aliens who were ordered deported or were
front-desked, and are therefore possibly eligible for relief under
CSS, from suing in their own right. Likewise, neither
CSS nor this stay prevents any membership organizations
which have members whose claims are ripe under
CSS from
suing on behalf of those members, assuming the organizations meet
the criteria required for organizational standing.
I therefore grant the application to stay the District Court's
order pending final disposition of the appeal by the Court of
Appeals.
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